647.145
Trademark counterfeiting in second degree; penalty. (1) A person commits the crime of
trademark counterfeiting in the second degree if the person:
(a) Commits
trademark counterfeiting as described in ORS 647.135 and:
(A) Has one prior
conviction for trademark counterfeiting in any degree;
(B) The total
number of items bearing the counterfeit mark is more than 100 but less than
1,000; or
(C) The total
retail value of all of the items bearing the counterfeit mark or services that
are identified by the counterfeit mark is more than $1,000 but less than
$10,000.
(b) Knowingly
manufactures or produces with intent to sell or distribute any item that bears
a counterfeit mark or any service that is identified by a counterfeit mark.
(2) Trademark
counterfeiting in the second degree is a Class C felony. However,
notwithstanding ORS 161.655, if the person is convicted under:
(a) Subsection
(1)(a)(A) of this section and is a corporation, the maximum fine that may be
imposed is $200,000.
(b) Subsection
(1)(b) of this section and the person has one prior conviction for trademark
counterfeiting in any degree and is a corporation, the maximum fine that may be
imposed is $200,000. [1999 c.722 §4]
Notes of Decisions
Cited in
3
cases, 2010–2014 · leading case:
State v. Northcutt, 268 P.3d 154 (Or. Ct. App. 2011).
State v. Northcutt, 268 P.3d 154 (Or. Ct. App. 2011).
· cites it 3× “335(3), for trademark counterfeiting in the second degree, ORS 647.145, appeals. She assigns error to the trial court’s denial of her motion to suppress evidence, including inculpatory statements that she made during an interview with FBI agents.”
State v. Salvador, 241 P.3d 324 (Or. Ct. App. 2010).
“022, and one count of counterfeiting, ORS 647.145(1)(a)(B). On appeal, he assigns error to the trial court’s denial of his motion to suppress and to its failure to merge three of the forgery convictions into a single conviction.”
State v. Hung Ngoc Truong, 337 P.3d 845 (Or. Ct. App. 2014).
· cites it 3× “Defendant, who sold batteries labeled and packaged as batteries made by the Sony Corporation, appeals a judgment of conviction for one count 1 of trademark counterfeiting in the second degree, Count 2, ORS 647.145, 2 and three counts of trademark counterfeiting in the third…”
— Or. Rev. Stat. § 647.145(1)(a)(B) — 1 case
State v. Salvador, 241 P.3d 324 (Or. Ct. App. 2010).
“022, and one count of counterfeiting, ORS 647.145(1)(a)(B). On appeal, he assigns error to the trial court’s denial of his motion to suppress and to its failure to merge three of the forgery convictions into a single conviction.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.